Ask Questions, See Answers

Here you can read responses to questions, plus submit your own questions using the form at the bottom of this page.

Ask Questions, See Answers

1. Is my home safe?

The homes on base are safe.  As discussed in detail in the Fact Sheets, the soils around the homes were addressed in a variety of ways during construction.  Moreover, the organo-chlorinated pesticides at issue were commonly used throughout Hawaii and the United States, and people live safely around soil with low levels of these pesticides.  The United States Department of Health and Human Services has noted that “chlordane use extended from the lower New England States south and west to California. . . . Over 50 million persons have lived in chlordane-treated homes.”  Furthermore, the United States EPA has “estimated that ≈30 million structures had been treated for termites with [organo-chlorinated pesticides] resulting in the exposure of over 80 million people.”  The Hawaii Department of Health confirmed in a March 28, 2014 letter that: “Health effects from exposure to organochlorine pesticides have been documented in cases involving high-level exposure, such as during pesticide application, or due to intentional or accidental poisoning.  We are not aware of any documented cases of health effects due to exposure at the low levels associated with organochlorine pesticide residues in soil.”  (Emphasis added.)

2. What was the Barber lawsuit about?

In April 2014, four current and former residents filed a lawsuit captioned Cara Barber, et al., v. Ohana Military Communities, LLC, United States District Court for the District of Hawaii, Civil No. 14-00217 HG-KSC.  The individuals who filed the lawsuit asked to recover damages for alleged overpayment of rent. They did not seek to recover damages related to any health issue encountered while living on MCBH.  Even the attorney for the plaintiffs told the judge at a hearing early on in this case:  “Let me be crystal clear on that.  This complaint does not seek personal injury on behalf of individual military families, children, spouses, et cetera.  We’re not trying to prove that pesticide contamination at a certain house caused cancer in little Johnny, okay?”  Source: Hearing on Defs.’ Mot. to Dismiss at 24:2-9 (June 26, 2014).

3. What is the status of the Barber lawsuit?

On November 20, 2015, a judge entered findings and recommendations to deny the plaintiff’s motion to certify the lawsuit as “class action.”  In February 2016, the case was settled.

4. I heard that Forest City sold its military housing.  Was the Barber lawsuit the reason for the sale?

Forest City’s decision to sell its military housing was part of Forest City’s long-term company strategy, and was not related to the lawsuit.  The purchaser of Forest City’s military housing portfolio, Hunt Companies, is one of the largest developers of private military housing. 

5. I understand that the Hana Like neighborhood was recently demolished and rebuilt.  What happened with the soil there? 

The Hana Like neighborhood was demolished and rebuilt beginning in 2016.  Because the Hana Like neighborhood was originally built in 1992 (after the ban on organo-chlorinated pesticides) on land with no previous residential structures, there was no reason to believe that it was ever treated with organo-chlorinated pesticides.  Ohana nevertheless conducted a Phase II site investigation to confirm that organo-chlorinated pesticides were not present. Five decision units were distributed throughout the neighborhood, and sampling was conducted using a multi-incremental sampling strategy. The samples were tested, and organo-chlorinated pesticides were not detected in any of the samples.

6. Are any pesticides used on my home now?

Use of the organo-chlorinated pesticides at issue was stopped during the 1980s.  However, Ohana protects its residents’ homes against termites with newer, approved technologies, and has a regular plan with Terminix to protect residents’ homes against termites.

7. Have the pesticide-impacted soils been removed?

Because the neighborhoods on base were built at different times and by different entities, and because they have different histories, a number of different approaches to soil management were used.

• Hana Like, Hawaii Loa, and Nani Ulupau were originally built in open areas after the pesticides at issue were no longer being used to treat ground termites. Therefore, these neighborhoods are not believed to have ever been treated with the pesticides at issue.
• Neighborhoods demolished and rebuilt by Ohana after 2006 were sampled and tested prior to If any home in a neighborhood exceeded Ohana’s Tier 2 Environmental Action Levels, then two-feet of soil was removed from around and underneath every home in that neighborhood prior to reconstruction (or in some cases, the soils were left in place and covered with two feet of clean soil). The old soil was placed in on-site soil management pits and covered with clean soil. Maps of the soil management pits are available at the Ohana Management Office. This approach was taken in Mololani, Waikulu, and Ulupau.
• One small neighborhood rebuilt by Ohana after 2006, Kapoho, was tested and did not have soils with pesticide levels above the applicable Environmental Action No soil removal was performed in this neighborhood.
• Some neighborhoods now operated by Ohana were redeveloped by the Marine Corps prior to the creation of The soils in these neighborhoods were approached by the Marine Corps in a variety of ways. The neighborhoods where the soils were managed by the Marine Corps include Mokapu Court, Kaluapuni, and Pa Honua 1-3.
• Because Heleloa is a historic neighborhood, the soils from around the homes in this neighborhood were not removed during remodeling. The soils around the foundations of these homes have been covered with gravel, vegetation, or other

More information about all of the neighborhoods is available in the Fact Sheets.

8. Where around my home was the pesticide-impacted soil typically located?

When they were in use, organo-chlorinated pesticides were typically applied beneath and around building foundations in order to prevent ground termites from damaging homes.  Thus, prior to redevelopment, pesticide-impacted soils would typically be found beneath and within two feet of a home’s foundational slab.  More information about the soil management approaches taken in each neighborhood is provided above.

9. Do I need to take any special additional steps around my home?

It is possible that in some areas pesticide-impacted soil may still be present.  For instance, in some neighborhoods, soil that was potentially impacted by pesticides was placed in on-site management pits and covered with clean soil.  Ohana has therefore implemented the following rules:

• Do not disturb the soil. Digging in the soil is not permitted.
• Planting of all grasses, trees, shrubs/bushes, and flowers is not allowed, except in specifically designated planter boxes.
• Installing stepping stones and pavers is not allowed.
• Except in designated planter boxes, there should be grass, other vegetative cover, or some kind of surface material over the soil. Contact the maintenance office if you observe bare spots in your yard or elsewhere in the neighborhood.

We also recommend the following practices:

• Wash your hands and face thoroughly after playing or working outside, especially before meals and snacks.
• Avoid direct contact with exposed or bare soil. Avoid tracking soil into the home. If objects such as shoes, toys, etc. become dirty with soil, they should be cleaned.
• Wash anything grown in housing neighborhoods before consuming.

10. What about children and exposure to organo-chlorinated pesticides?

We are not aware of any documented cases of health effects due to exposure at the low levels associated with organo-chlorinated pesticide residues in soil. In addition, the Hawaii Department of Health confirmed in its March 2014 letter  that the Department is also not aware of any documented cases. Most health effects result from relatively high exposures to chlorinated pesticides, like for those who worked directly with pesticide products years ago, or in cases where pesticide-impacted soil was applied directly to the skin or eaten.

In addition, the environmental action levels (EALs) established by the Hawaii Department of Health have several conservative safety factors to further ensure that there will be no health risk to children who may be potentially exposed to residual pesticide levels in soil at MCBH. These levels are based on exposure assumptions and health risk assessment guidance published by the U.S. Environmental Protection Agency. The U.S. EPA guidance is based on data from published exposure studies.

Questions and Answers

1. Is my home safe?

   Yes, the homes on the base are safe. Organo-chlorinated pesticides were commonly used throughout Hawaii and the U.S., and people live safely around soil with low levels of these pesticides.

   In addition, the Hawai'i Department of Health confirmed in a March 2014 response letter that it was not aware of any documented cases of health effects due to exposure at the low levels associated with these pesticide residues in soil. Any health effects have only been documented in cases involving high-level exposure, such as during pesticide application for people who worked with these products years ago, or due to intentional or accidental poisoning by ingestion. In addition, the environmental action levels (EALs) established by the DOH have several conservative safety factors to further ensure that there will be no health risk to children who may be potentially exposed to residual pesticide levels in soil.

2. What was the Barber lawsuit about?

   In April 2014, four current and former residents filed a lawsuit captioned Cara Barber, et al., v. Ohana Military Communities, LLC, United States District Court for the District of Hawaii, Civil No. 14-00217 HG-KSC. The individuals who filed the lawsuit asked to recover damages for alleged overpayment of rent. They did not seek to recover damages related to any health issue encountered while living on MCBH. Even the attorney for the plaintiff told the judge at a hearing early on in this case: "Let me be crystal clear on that. This complaint does not seek personal injury on behalf of individual military families, children, spouses, et cetera. We're not trying to prove that pesticide contamination at a certain house caused cancer in little Johnny, okay?"
   Source: Hearing on Defs.' Mot. to Dismiss at 24:2-9 (June 26, 2014).

3. What is the status of the lawsuit?

   On November 20, 2015, a judge entered findings and recommendations to deny the plaintiff's motion to certify the lawsuit as "class action." In February 2016, the parties entered into a settlement agreement and the case was dismissed.

4. I heard that the Hawaii Department of Health (DOH) made changes to some of the "environmental action levels" that apply to MCBH. Is that correct?

   The DOH uses "environmental action levels" or "EALs" as a way to screen sites for possible contaminants in the soil. DOH updated its default EALs in 2011. But when the Marine Corps Base Hawaii was screened for possible soil contaminants back in 2007, DOH screening levels then were actually stricter than their updated 2011 EALs.

   The 2011 EALs are in use today by DOH throughout Hawaii. For example, the EAL used to evaluate chlordane in the soil at MCBH is substantially more protective than the most protective EAL currently used by the Department of Health at other sites. EALs are discussed in more detail in these fact sheets.

5. What notice do off-base landlords give renters about the possible presence of organo-chlorinated pesticides?

   We are not currently aware of any private property managers or landlords that provide disclosures related to chlordane or other organo-chlorinated pesticides. In connection with this lawsuit, a number of agents and property managers on Oahu were interviewed and none were found to provide such disclosures, although chlordane and other organo-chlorinated pesticides were used in Hawai'i for decades, both on and off the base, by homeowners, the military, the state, and counties to protect buildings against termite damage.

6. I heard that Forest City sold its military housing. Was the Barber lawsuit the reason for the sale?

   Forest City's decision to sell its military housing was part of Forest City's long-term company strategy, and was not related to the lawsuit. The purchaser of Forest City's military housing portfolio, Hunt Companies, is one of the largest developers of private military housing.

7. I heard that the Hana Like neighborhood is going to be demolished and rebuilt soon. What will happen with the soil there?

   Plans are underway to rebuild the Hana Lake neighborhood. Since the Hana Like neighborhood was built in 1992 (after the ban on organo-chlorinated pesticides) on land with no previous residential structures, we have no reason to believe that it was ever treated with organo-chlorinated pesticides. Ohana recently conducted a Phase II site investigation to confirm that organo-chlorinated pesticides were not present. Five decision units were distributed throughout the neighborhood, and sampling was conducted using a multi-incremental sampling strategy. Testing of the Hana Like samples confirmed that for all samples OCPs were not detected.

8. Are any pesticides used on my home now?

   While organo-chlorinated pesticides were banned by the EPA in 1988 and are no longer used, Hunt still protects residents' homes against termites and other insects with newer, approved technologies. For instance, Hunt has a regular plan with Terminix to protect residents' homes against roaches and ants. For questions, we encourage our residents to contact their Resident Services Office for additional information.

9. Have the pesticide-impacted soils been removed?

   The MCBH neighborhoods were built at different times and have differing levels of residual pesticides. For all of the neighborhoods built by Ohana in 2007 or later, if any soil samples in the neighborhood exceeded Tier 2 levels, then Ohana took substantial precautions and either (1) removed all the soils up to a depth of 24 inches from the perimeter of the existing slabs, and replaced these perimeters with clean soil or (2) covered the existing soil to a depth of 24 inches. These precautions were taken neighborhood-wide, regardless of whether all of the existing soil actually contained pesticides. Fact sheets on the soil have been developed for each MCBH neighborhood.

10. What if my home was built before 2007?

    Several of the neighborhoods built by the military in the 1990s and mid-2000s were built after the ban on organo-chlorinated pesticides went into effect in areas that did not previously have structures. For these neighborhoods, there was no reason for organo-chlorinated pesticides to be present. Other neighborhoods were renovated or rebuilt by the military during this period, and the military has released fact sheets about the soil in these neighborhoods. Soils in neighborhoods where new construction was not completed may still have some low levels of pesticides in the soil, but are below the surface and covered by gravel, grass, or other ground cover.

11. How can I get information about the soil specifically for my neighborhood?

    Check these fact sheets on the soil in each MCBH neighborhood.

12. Where around my home is the pesticide-impacted soil typically located?

    In general, pesticide-impacted soils would be found beneath and within 24 inches of a home's foundational slab. For MCBH homes built in 2007 or later, if any soil samples in the neighborhood exceeded Tier 2 levels, then Ohana either (1) removed all the soils up to a depth of 24 inches from the perimeter of the existing slabs, and replaced these perimeters with clean soil or (2) covered the existing soil to a depth of 24 inches.

13. Do I need to take any special additional steps around my home?

    The homes on the base are safe. These pesticides were commonly used throughout Hawaii and the U.S., and people live safely around soil with low levels of these pesticides. However, if you feel you would like to take some additional steps, we suggest the following:

    • Maintaining the ground cover around the foundation of your home (the highest concentrations of chlorinated pesticides were found in subsurface soils within a few feet of the foundations of existing structures)
    • Keeping children or pets from playing in dirt near the foundation of your home
    • Do not grow edible produce near the foundation of your home (under the Community Handbook, residents may not till or destroy the lawn to plant a vegetable garden; however, raised garden beds are acceptable and are encouraged)

    Additional information can be obtained from the Hawai'i State Department of Health's publication Past Use of Chlordane, Dieldrin, and other Organochlorine Pesticides in Hawai'i.

14. Should residents be concerned about their health?

    First and foremost, we would never intentionally expose our residents to unsafe health risks. Most health effects result from relatively high exposures to chlorinated pesticides, like for those who worked directly with pesticide products years ago, or in cases where pesticide-impacted soil was applied directly to the skin or eaten. For more specific information, please see the Hawai'i Department of Health recent letter on the matter.

15. Where can I find out more information?

    On this website you can find information and facts that will be updated regularly. You can ask questions using the form at the bottom of this page. In the past, Forest City hosted two open houses for residents to get information and ask questions about this and other MCBH issues.

16. I don't understand how soil was "replaced." How does that work?

    Where soil was replaced, soil beneath and within 24 inches of the slabs was excavated to a depth of 24 inches below ground surface. Clean fill dirt was used to replace the soil removed from beneath and around the slabs.

17. Were some areas of the base affected more than others by the pesticides?

    The MCBH neighborhoods were built at different times and have differing levels of residual pesticides. On this website, we have posted neighborhood-specific fact sheets about how soils were addressed under the DOH-approved Soil Management Plan.

18. What about children and exposure to organo-chlorinated pesticides?

    We are not aware of any documented cases of health effects due to exposure at the low levels associated with organo-chlorinated pesticide residues in soil. In addition, the Hawaii Dept. of Health confirmed in its March 2014 letter on the issue that the department is also not aware of any documented cases. Most health effects result from relatively high exposures to chlorinated pesticides, like for those who worked directly with pesticide products years ago, or in cases where pesticide-impacted soil was applied directly to the skin or eaten. The Hawaii Dept. of Health has stated that it believes it is extremely improbable that residents' health concerns are linked to exposure to potential low-level residual pesticides in soil.

    In addition, the environmental action levels (EALs) established by the Hawaii Dept. of Health have several conservative safety factors to further ensure that there will be no health risk to children who may be potentially exposed to residual pesticide levels in soil at MCBH. These levels are based on exposure assumptions and health risk assessment guidance published by the U.S. Environmental Protection Agency. The U.S. EPA guidance is based on data from published exposure studies.

19. People are posting stories about their pets being exposed to organo-chlorinated pesticides. Should I be worried?

    Pets can become ill for many reasons. Again, we are not aware of any documented cases of health effects due to exposure at the low levels associated with organo-chlorinated pesticide residues in soil. That includes pets too.

20. Should I seek medical advice or treatment if I believe exposure is harmful to me or my family?

    The homes on the base are safe. If you have concerns about a potential health problem, we recommend that you notify your primary care physician or the Navy Marine Corps Public Health Center.

21. Were Navy and Marine Corps families notified of potential exposure to these elements before they moved into the housing?

    Absolutely. All residents are notified about the presence of chlordane and additional steps that can be taken in their yards in their Community Handbook. The Community Handbook is provided to each new resident and is incorporated into the lease between Ohana and the individual resident. Copies of the handbook and lease are provided to residents when they moved in, and additional copies can be provided upon request - just ask your RSO.

Ohana recently conducted a Phase II site investigation to confirm that organo-chlorinated pesticides were not present. Five decision units were distributed throughout the neighborhood, and sampling was conducted using a multi-incremental sampling strategy. Testing of the Hana Like samples confirmed that for all samples OCPs were not detected.